Bates v. Stagg
| Decision Date | 28 June 1965 |
| Docket Number | No. 20750,20750 |
| Citation | 157 Colo. 456,404 P.2d 530 |
| Parties | Robert J. BATES and Ellen Bates, Plaintiffs in Error, v. Dale H. STAGG, Defendant in Error. |
| Court | Colorado Supreme Court |
Victor E. DeMouth, Golden, for plaintiffs in error.
McComb, Zarlengo & Mott, Denver, for defendant in error.
This litigation stems from a two-car collision which occurred at or about 6 o'clock p. m. on October 6, 1961 in the intersection of South Santa Fe Drive and West Mississippi Avenue in Denver.
Immediately prior to the accident, Stagg was driving a 1961 International scout car in a northerly direction on South Santa Fe Drive, and was approaching the intersection of that street with West Mississippi Avenue. Stagg intended to make a lefthand turn at this intersection so as to thereafter proceed in a westerly direction on West Mississippi Avenue. While Stagg was thus negotiating this left-hand turn, his vehicle was struck broadside (on the right side) by an automobile being driven in a southerly direction on South Santa Fe Drive by one Robert Bates.
Based on this occurrence, Stagg brought an action, ex delicto, against Robert Bates and Ellen Bates, the latter being the owner of the car which was being driven by Robert Bates, alleging that as a result of their negligence his vehicle was damaged in the amount of $1,179.75. By answer Robert Bates denied any negligence on his part and affirmatively alleged contributory negligence on the part of Stagg. Robert Bates also filed a counterclaim against Stagg in the sum of $2,500 for personal injuries allegedly suffered by him in the accident.
As already noted, Ellen Bates, who is the mother of Robert, was the owner of the vehicle which her son was driving at the time of the accident. Therefore in her answer she asserted a counterclaim against Stagg in the sum of $776.90 for the damage to her automobile.
A trial by jury ensued. After all the evidence had been presented by both Stagg and the defendants, the trial court upon appropriate motion held that as a matter of law Robert Bates was guilty of negligence which was a proximate cause of the collision, and in connection therewith went on to hold that Stagg was in nowise guilty of any contributory negligence. Accordingly, at the direction of the trial court, the jury returned a verdict in favor of Stagg against both Robert and Ellen Bates in the amount of $1,179.75. In like fashion the jury returned a directed verdict against the two defendants on their individual counterclaims. By writ of error the defendants now seek reversal of the several judgments entered by the trial court upon the aforementioned directed verdicts.
The sole issue to be resolved is whether the trial court acted properly in holding as a matter of law that the collision resulted from negligence on the part of Robert Bates which was the sole and only proximate cause thereof, and in thereafter taking the case from the jury by directing verdicts in favor of Stagg, both as to Stagg's claim and also as to the counterclaims of the two defendants.
As was stated in Hansen v. Dillon, Colo., 400 P.2d 201, for example, the issues of negligence, contributory negligence and proximate cause are generally to be resolved by the trier of the facts, and it is only in the clearest of cases, where the facts are undisputed and reasonable minds could draw but one inference from them, that the question of just what constitutes reasonable care is ever one of law to be taken from the jury and decided by the court. Our analysis of the evidence adduced in the instant matter leads us to the definite conclusion that the record in the instant case does not meet the foregoing test and that the trial court accordingly committed error in thus taking the case from the jury. To give meaning and substance to this conclusion it becomes necessary to detail, at least briefly, the evidence adduced by the parties upon trial.
Upon trial Stagg testified that he was in the left-hand lane for northbound traffic on South Santa Fe Drive as he approached West Mississippi Avenue. This intersection was controlled by signal lights suspended on wires across the middle of the intersection and Stagg said that he entered the intersection on the green or 'go' light. There was some testimony that a green arrow permitting left-hand turns sequentially preceded the green light. However, Stagg testified that at no time did he see any such green arrow, but only the green or 'go' light.
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...only the question of damages to the jury for its determination. The defendant claims error and calls our attention to Bates v. Stagg, 157 Colo. 456, 404 P.2d 530, wherein we held '* * * In considering the propriety of the action of the trial court wherein it granted Stagg's (plaintiff's) mo......
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...directed verdict, evidence must be viewed in the light most favorable to the party against whom the motion is directed. Bates v. Stagg, 157 Colo. 456, 404 P.2d 530; Evans v. Century Casualty Co., 159 Colo. 596, 413 P.2d 457. From Dr. Crawford's testimony and other evidence adduced in suppor......
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